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Criminal Miscellaneous No. 200-B of 1983, decided on 22nd March, 1983.

---S.498 read with offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18/10-- Bail, grant of-- Petitioners allegedly dragging prosecutrix in order to subject her to sexual intercourse-- Prima facie act of petitioners, held, falling short of attempt to commit Zina-bil-Jabr- -Pre-arrest bail con iced, in circumstances.

Zulfiqar Ishaq Khan Lodhi for Petitioners.

Zafar Mahmood Anjam assisted by Sardar Riaz Ahmad for the State.

This is an application for pre-arrest bail on behalf of Waris Ali and Akhtar Hussain petitioners in a case under section 18/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Saddar Vehari, vide F.I.R. No. 15/83, dated 20-1-1983.

2. The prosecution case is that the petitioners dragged Mst. Haleeman in order to subject her to sexual intercourse.

3. The learned counsel for the petitioners submits that on the allegations accepted at its face value, no case for attempt to commit Zina-bil-jabr has been made out. As against this, the learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that the petitioners have been attributed sufficient overt act towards the commission of Zina-bil-jabr and as such prima facie an offence punishable under section 18/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is made out.

4. After hearing the learned counsel for the parties and going through the record 1 find that prima facie the act of the accused falls short of attempt to commit Zina-bil-Jabr inasmuch as the victim was not made naked.

Without making any expression lest it may prejudice the case of the parties, the interim pre-arrest bail already granted to the petitioners is, hereby, confirmed.

S. G. D. Bail confirmed.

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